Summary Calendar UNITED STATES OF AMERICA v. Charles Lmalone

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40033
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
CHARLES L MALONE
Defendant-Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:06-CR-1-1
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
The attorney appointed to represent Charles L. Malone has moved for
leave to withdraw and has filed a brief in accordance with Anders v. California,
386 U.S. 738 (1967). Malone has filed a response, which includes claims of
ineffective assistance of counsel. The record is insufficiently developed to allow
consideration at this time of Malone’s claims of ineffective assistance of counsel.
See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Our
independent review of the record, counsel’s brief, and Malone’s response
United States Court of Appeals
Fifth Circuit
F I L E D
January 29, 2008
Charles R. Fulbruge III
Clerk

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No. 07-40033
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discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to
withdraw is GRANTED, counsel is excused from further responsibilities herein,
and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. To the extent Malone
moves to proceed pro se on appeal, his motion is DENIED. See United States v.
Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

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